It must be summer - 'Big Brother' is back on our screens, offering plenty of dramatic disputes. Slightly more productive, though no less emotional, were the scenes at my recent training workshop with daycare providers venting their frustrations caused by troublesome staff.
Sadly, it seems the attitudes of a few practitioners are more befitting reality TV than a quality childcare setting. I'm shocked to hear so many tales of aggressive behaviour and tardy time-keeping, which disrupt the harmony of nursery life. Enabling environments? I think not.
What adds to their frustration is that so many nursery managers feel unable to act, confused by the law and scared to discipline staff when conduct falls woefully below the high standards expected. Those who subscribe to HR helplines suggest the urge to act decisively is often reined in by cautious advisors, acting in the interest of risk-averse insurance companies - their priority being to avoid compensation payouts. Fair enough, but what of the ongoing cost of a disruptive staff member and the impact on team morale?
The law has been firmly on the side of the employee and it's unclear whether recent changes in legislation will really help to shift the balance of power. Not heard about these changes? ACAS launched a new Code of Conduct that came into effect on 6 April 2009. There's hope this will reduce the growing number of workplace disputes that end up as tribunal cases.
In theory, the Code makes things less complicated and relaxes penalties. Managers are no longer automatically 'wrong' if they don't strictly adhere to the onerous 'three step' process - Step 1: invite employee to hearing; Step 2: hold meeting to discuss allegations and make decision; Step 3: allow employee right to appeal. It's no longer compulsory but, in practice, it's recommended that you still do it this way to ensure you're fair and consistent.
One surprising new twist involves employees having the right to call and cross-examine witnesses during a disciplinary meeting. Previously, witnesses would provide written statements, but in the future they may face a grilling from the 'accused' colleague. Every manager's office becomes a mini-court room! What if lots of staff are involved and all need time out to be a witness? How do you handle the extra stress?
Only time and test cases will tell if the Code takes some of the strain off early years settings. Meanwhile, I encourage all managers to source training to bring them up to speed. While 'Big Brother' comes to an end, it seems the dramas may get worse.
- For information visit www.acas.gov.uk.
- Derek Hayes is a senior consultant/trainer for the Childcare Consultancy, at www.childcareconsult.co.uk
